How HDOs are implemented
- An HDO is implemented by the Commissioner when the HDO was issued by the Regional Trial Court against an accused in a criminal case within its exclusive jurisdiction in accordance with Circular 39-97 of the Office of the Court Administrator dated June 19, 1997.
- When the HDO was issued by the Regional Trial Court and the accused is acquitted or the case is dismissed, the Commissioner lifts the HDO upon receipt of the Court concerned of:
- the judgment of acquittal promulgated; or
- the order of dismissal issued,
- both of which must include the order for cancellation of the HDO.
- An HDO is also implemented by the Commissioner when the HDO was issued upon the instruction/order of the President of the Philippines in the interest of national security, public safety, or public health, as may be provided by law.
- When the President issues an order/instruction to lift an HDO, the Commissioner lifts the HDO upon receipt of that order/instruction.
- An HDO is implemented by the Commissioner when issued by the Secretary of Justice, upon application of an interested party, against the specific categories enumerated below.
Secretary-issued HDOs upon application
- For accused persons released on bail, the Secretary issues an HDO upon application of an interested party, accompanied by:
- a certified true copy of the order releasing the person on bail; and
- a certification issued by the Clerk of Court concerned that the criminal case where the bail was issued is pending.
- If an accused person released on bail attempts to leave the country without prior written permission of the court where the case is pending, an Immigration Officer may cause the arrest of the accused without the necessity of a warrant.
- The HDO for a bail-released accused is lifted by the Commissioner upon an order of the Secretary attached to one of the following:
- a certification from the Clerk of Court or other officer concerned that the case where bail was granted has been dismissed; or
- a certified true copy of the court decision acquitting the accused; or
- a certified true copy of the court order allowing the departure of the accused.
- If the criminal case is provisionally dismissed, a certified true copy of the court order allowing departure is required for lifting the HDO.
- For fugitives from justice, the Secretary issues an HDO upon application of an interested party, accompanied by:
- a certified true copy of the criminal information and warrant/order of arrest; and
- a certification issued by the Clerk of Court concerned that the warrant/order of arrest was returned unserved by the peace officer to whom it was delivered for service.
- The HDO for a fugitive is lifted by the Commissioner upon an order of the Secretary attached to a certification issued by the Clerk of Court or other officer concerned allowing departure during pendency of the case, or confirming that:
- the warrant/order of arrest had been recalled; or
- the case in which the warrant/order of arrest was issued has been dismissed.
- For an alien accused in a criminal case pending trial, the Secretary issues an HDO upon application of an interested party, accompanied by:
- a certification by the court concerned on the pendency of the trial of the criminal case; and
- a certified true copy of the information filed.
- The HDO for a pending-trial alien is lifted by the Commissioner upon an order of the Secretary attached to a certified true copy of the decision acquitting the alien or the order dismissing the case.
- For an alien respondent in a deportation complaint before the Bureau for violation of immigration laws, rules, and regulations, the Secretary issues an HDO upon recommendation of the Board of Special Inquiry or the Board of Commissioners, and the application is accompanied by a copy of the deportation complaint.
- The HDO for a deportation-complaint respondent is lifted by the Commissioner upon receipt of a copy of the order of dismissal of the deportation complaint.
- For an alien whose presence is required as witness in a criminal case, or as the defendant/respondent or witness in a civil, labor or other case before a judicial, quasi-judicial or administrative body of the government, the Secretary issues an HDO upon application of an interested party, accompanied by:
- a certified true copy of the subpoena or summons; and
- a copy of the criminal information or the complaint in the case where the alien’s presence is required.
- The HDO for a witness/party whose presence is required is lifted by the Commissioner upon an order of the Secretary attached to a certified true copy of the order dismissing the case, discharging the alien as witness, or otherwise allowing departure.
Application requirements and identity safeguards
- Applications for issuance of an HDO under the abovementioned instances must be in writing, placed under oath, and signed by the interested party.
- Applications/request to the Secretary must set forth the subject individual’s complete name, including:
- Christian name,
- family name, and
- middle name/initial,
- and the subject’s aliases, if any,
- date and place of birth, and
- place of last residence.
- If available, a recent photograph of the subject must accompany the application/request.
- A copy of the HDO implemented by the Commissioner must be sent to the person subject of the order if the person’s postal address is known, so the person may, if desired, file a motion for reconsideration with the Secretary.
Department requests by government officials
- An HDO may be issued by the Secretary upon request of the Head of a Department of the Government, the head of a constitutional body or a commission or agency performing quasi-judicial functions, the Chief Justice of the Supreme Court for the judiciary, or the President of the Senate or the Speaker of the House of Representatives for the legislative body.
- The Secretary issues the HDO upon request when the adverse party is the Government or any of its agencies or instrumentalities, in the interest of national security, public safety or public health, as may be provided by law.
- The request must specify the reason or ground for holding or preventing the departure of the subject individual.
- The Commissioner lifts the HDO upon the Secretary’s order attached to a certified true copy of the order or decision of the requesting official or body dismissing the case or otherwise allowing the departure of the subject individual.
Duration, review, and lifting
- Any HDO implemented by the Commissioner under these Rules automatically terminates five (5) years from the date of its issuance unless sooner terminated or extended before that date by the court/President/Secretary, as the case may be, under these Rules.
- All HDOs previously issued by the Bureau are subject to automatic review by the Secretary of Justice.
- For automatic review, the Commissioner must immediately elevate to the Office of the Secretary all outstanding HDOs together with the relevant documents.
- HDOs are lifted whenever the required court/Secretary/President orders attached with required certifications or certified true copies are received and acted upon as provided for in these Rules.
Supersession and effectivity
- Rules and regulations, particularly Rules and Regulations issued by the Commissioner of Immigration and approved by the Secretary of Justice that took effect November 28, 1997, are superseded and/or repealed to the extent they are inconsistent with these Rules.
- These Rules take effect fifteen (15) days after publication in a newspaper of general circulation.
- The Secretary adopts the Rules on March 13, 1998, signed by Silvestre H. Bello III (SGD.).